Being owed money does not, by itself, give you a lien on a commercial building. This page explains who may file a lien, the steps for construction liens, how other lien types differ, what a ghost lien is and what recording costs can look like.
The short answer: yes, but only for certain claims
Most commercial lien disputes in Florida start with construction work. The Pinellas County lien guide explains who may enforce a construction lien and the risks a lien poses to an owner’s property. Other lien types, such as judgment liens, tax liens and broker commission claims, follow their own rules. Whether a specific lien can be filed depends on the facts, including the contract chain, the work performed and the timing. For a broader look at your choices, read our construction dispute options guide.
If a lien was filed on a commercial building you own, or you're still owed money for work you finished, we can talk through your options with you at (305) 570-2208. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Who can file a construction lien on a commercial building
An oral agreement is still a contract. It must meet the basic requirements of contract law, including offer, acceptance, consideration and essential terms stated clearly enough, as St. Joe Corp. v. McIver explains.
Owners have a stake here too. Lien releases and waivers from contractors, subcontractors and suppliers can help an owner protect the property. Leases matter as well, because the lease terms can affect who ordered the work on a building. Keep copies of every payment record, release and notice in one place so the chain is easy to review.
Florida construction lien steps and deadlines
Check each step separately. The Pinellas County lien guide covers Notice of Commencement requirements, so read that section before relying on any notice. A Claim of Lien is the document recorded in the county’s public records. Keep a dated copy of every notice, along with proof of how and when it was delivered.
Deadlines to enforce are short in some cases. Under the Florida limitations statute, an action to enforce an equitable lien for labor, services or material used to improve real property must be brought within one year. Claimants should track that date from the start.
Other liens that can attach to commercial property
A judgment lien comes from a court. A money judgment becomes a lien on real property in a county once a certified copy is recorded in that county’s official records, as § 55.10 explains. Under Fla. Stat. § 55.10, a judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of it, or a separate affidavit stating that address is recorded simultaneously with it. The judgment or a separate recorded affidavit must show the lienholder’s address. Under Fla. Stat. § 55.10, for a certified copy first recorded on or after July 1, 1994, the judgment, order, or decree is a lien in that county for an initial period of 10 years from the date of recording. The lien attaches in the county where it is recorded, not everywhere.
Tax liens work differently. Under § 95.091, a tax lien granted by law generally expires 5 years after the tax is assessed or becomes delinquent, whichever is later. The statute lists exceptions, so check which tax is involved. Tax liens also come from government agencies, not private parties.
This type of lien follows its own rules and is not the same as a construction lien. The sale documents and the broker’s agreement help frame any dispute over the commission.
What a ghost lien is and why unsupported liens create risk
A ghost lien is a lien recorded against property with no valid claim behind it. It may be filed by mistake, or to pressure payment the filer cannot support. A recorded lien sits in the public records, so it can cloud title and complicate a sale or refinance. The owner may then have to go to court to clear it.
Filing an unsupported claim carries fee risk too. Under § 57.105, a court shall award a reasonable attorney’s fee to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney, where the losing party or its attorney knew or should have known that a claim was not supported by the material facts, or would not be supported by then-existing law. No monetary sanction may be awarded for a claim that would not be supported by then-existing law if the court determines it was initially presented as a good faith argument for extending, modifying, or reversing existing law, or establishing new law, with a reasonable expectation of success. The statute also sets a safe-harbor step: the challenging party must first serve the motion, and the other side has 21 days to withdraw or correct the paper before the motion can be filed.
Before recording anything, a lienor should confirm the underlying claim, the required notices and every deadline. That check is the simplest way to avoid the risks described above.
What it costs to place a lien and what else may be owed
Costs come in a few groups, and the total depends on the county, the documents and whether the matter goes to court. Recording a lien or judgment document in the county’s official records carries a county recording fee. Certified copies, service and delivery can add to the total. Recording fees are set locally, so check the current amount with the clerk where the document will be filed. If a lien leads to a lawsuit, court costs and attorney fees can follow.
Florida follows the American Rule. Each party generally pays its own attorney’s fees unless a contract or statute provides otherwise, as Price v. Tyler (Fla. 2004) states. Many commercial contracts include a fee clause. Under § 57.105, if a contract lets a party recover fees for enforcing it, the court may allow reasonable fees to the other party when that party prevails on the contract. Our fees are set for each matter and explained when you contact us.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Talk through your lien situation with Ayala Law PA
If you’re a contractor or supplier still waiting on payment for work on a commercial building, or an owner who just received a lien notice on a property you already paid for, the timing matters. Notice steps and deadlines run on their own schedule, so early questions help you see the dates in front of you.
Ayala Law PA represents businesses and entrepreneurs in commercial and contract disputes, construction litigation, real estate litigation and international trade disputes in Florida courts and arbitration. Eduardo A. Maura is the responsible lawyer for this page. The firm’s office is at 1646 W Snow Ave in Tampa, and the firm represents businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace and the Tampa Bay area.
Is a lien the same as a judgment?
A lien is a claim against property. A judgment is a court’s decision that a person owes money.
How long does a judgment lien last?
A judgment lien recorded on or after July 1, 1994 lasts an initial 10 years from the recording date, under § 55.10.
If a lien has been filed on a commercial building you own, or you’re still owed money for work you finished, call (305) 570-2208 or send us a message through our contact page to talk through your next steps.
